A hearing officer at a Daytona Beach Shores code-enforcement hearing reduced a $100,250 fine against a condominium association to $77,500 and ordered $141.83 in administrative fees to be paid within 30 days, citing evidence that some compliance delays were not the association's fault.
The hearing officer said, "I am going to find that 91 days were not the fault of the association," then announced the reduction, adding that roughly 310 days past the compliance date remained attributable to the association. The officer also told the association it may seek further relief through the City Commission or the Circuit Court.
The reduction followed testimony from association representatives, a project engineer and a contractor about work at the condominium's lobby and common areas. City staff and the project's engineer described safety-related repairs that were completed promptly — including capped exposed electrical and plumbing work — while other work, such as replacement of a fire-rated door, unfinished tile work in the northeast corner of the lobby and permit re‑submissions, extended beyond the compliance deadline.
Association representatives said material shortages and contractor delays contributed to the timeline. The project's engineer and a contractor testified that the association engaged contractors and later a general contractor and that permits were filed in mid‑May 2024, with additional permits in June; the hearing record shows a June 25 billing/permit activity and that the original compliance date was listed as Oct. 16, 2023.
During the hearing the association sought to exclude days from the fine calculation that it said were caused by vendor backorders, permit processing and board turnover. The hearing officer allowed 91 such days to be removed from the calculation but said the balance of days past the compliance date supported a reduced but substantial penalty.
City staff and the association were also given procedural options after the ruling. Ms. Herstein, a city staff member present at the hearing, noted that "the actual, the order can be appealed to to City, to Circuit Court," and the hearing officer said the city could offer an additional discount if the parties negotiated one after the ruling.
The record and testimony emphasized that life‑safety items had been addressed promptly; the dispute centered on non‑safety work and whether delays were excusable. The hearing officer ordered the reduced fine and administrative fee as the formal decision and closed the scheduled hearings for that day.